Ravech & Roy Advocate

Keeping you up date on matters pertaining to personal injury law and practice.

Archive for February, 2008

Free on-line law library launched

Posted by Jeffrey Roy on February 14, 2008

Where do you turn when you have a legal question, want to research it on your own, want to be able to do it from your computer, and want it for free? Well, thanks to the folks at Fastcase, you now can turn to the Public Library of Law (PLoL).

Fastcase created the PLoL to make it easy to find the law online. PLoL is claimed to be the largest free law library in the world and is assembled from law sources available for free scattered across many different sites. The PLoL site contains the following legal sources:

  • Cases from the U.S. Supreme Court and Courts of Appeals
  • Cases from all 50 states back to 1997
  • Federal statutory law and codes from all 50 states
  • Regulations, court rules, constitutions, and more!

It also contains a user guide and resources to get you started.

While PLoL is a great starting place to find law on the web, users should be cautious, as it certainly does not replace legal advice and research from a seasoned attorney.

Posted in Legal Research | No Comments »

FDA ignores Congress and lets drug companies off the hook

Posted by Jeffrey Roy on February 7, 2008

This news just came in from the American Association for Justice (AAJ):

Last month, the Food and Drug Administration (FDA) issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendments Act of 2007 (FDAAA), an act which encompasses the Prescription Drug and User Fee Act.  If the rule becomes final, drug companies will enjoy more relaxed labeling requirements and will surely use the rule to claim immunity for failing to warn patients of potential drug hazards.

When Congress passed the FDAAA it included language confirming the responsibility of the drug manufacturer to promptly update its drug label when they become aware of new safety information.  Congress was clear that it intended to keep the burden squarely on the drug companies to update warning labels. 

Nevertheless, the FDA has promulgated this new rule against Congress’ expressed wishes.  Congress explicitly stated that it did not intend to ease the requirements on drug companies to inform consumers of potential drug hazards.  It reiterated the need for drug companies to change its label if the drug company learns of reasonable evidence of that risk. 

In fact, the drug companies fought and lobbied hard to include language to loosen warning label obligations that the Congress specifically left out of the final bill.  But since the drug companies couldn’t get Congress to agree to lessen their responsibilities towards consumers, they turned to the Bush Administration.

Unfortunately, the FDA’s tactics are not new to Bush Administration bureaucrats.  Unelected federal agencies have been ignoring congressional directives in a number of other cases.  The Environmental Protection Agency (EPA), National Highway Traffic Safety Administration (NHTSA), Consumer Product Safety Commission (CPSC), and others are also engaging in this tactic of Bureaucratic Activism.

How can we undo this system of backdoor tort reform and prevent it in the future?  We are asking Congress take action to safeguard Congressional prerogatives and protect the public.  It is important that your Member of Congress hears from you so that they understand that this matters to you. You can obtain a pre-formatted letter To Congress by clicking Contact Congress Today.

We are committed to putting an end to this unjust form of backdoor tort reform and will continue to fight against it.  Your help in alerting Congress will also be important.  We also encourage you to take the effort one step further by making a phone call to your Members of Congress.  Send a letter, set up a meeting, whatever it takes, let them know how the FDA is letting drug companies off the hook and ignoring Congressional intent.  You can look up their contact information easily at www.peopleoverprofits.org/legdirectory. To view some talking points for your conversation, click here.

With your help, we can put an end to this bureaucratic activism. 

Posted in Tort reform | No Comments »